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Category: Arbitration

Unlawful Consent is Still Consent: International Law Perspectives on Komstroy vs Moldova

September 15, 2021 Sebastian Lukic

On 2 September 2021, the Court of Justice of the European Union (CJEU) issued the much-awaited judgement in the Komstroy…

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Posted in: Arbitration, EU and ECJ, International Investment Law

Uti Possidetis, Ethnic Composition and Equity in 1921 Latvian-Lithuanian Border Arbitration

May 5, 2021 Rytis Satkauskas

During their very first years of statehood, modern Latvia and Lithuania confronted the urgent need to determine the borderline between…

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Posted in: Arbitration, Public International Law

Is Arbitration an Appropriate Method for the Resolution of Novel Climate Change Disputes?

April 23, 2021 Tatyana Jacob

The green economy framework, contained in such instruments as the United Nations Framework Convention on Climate Change (‘UNFCCC’) and the…

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Posted in: Arbitration, Climate Change Litigation

Customary Environmental Law in Investment Arbitrations: Can the Systemic Integration Principle Offer a Guidance?

March 31, 2021 Kseniia Soloveva

Environmental treaty obligations are regularly invoked by investment tribunals; statistically, from 2012 to 2015, environmental considerations were invoked 65 times…

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Posted in: Arbitration, International Environmental Law, International Investment Law

The Titanic Struggle Between Diametrically Opposed Conceptions of ‘Investment’ Continues…

March 17, 2021 Sonia Anwar-Ahmed Martinez

The existence of an investment gives an ICSID tribunal jurisdiction ratione materiae. To ascertain its existence, an ICSID tribunal may…

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Posted in: Arbitration, International Investment Law

Consolidation and Joinder on International Arbitration without a Party’s Consent

March 15, 2021 Galo Martin Marquez Ruiz

Consolidation and joinder of arbitration proceedings and parties in international arbitration are powerful tools for case management. Globalization has fostered…

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Posted in: Arbitration

Jurisdiction of the Permanent Court of Arbitration over Marines’ Immunity in the Enrica Lexie Incident: a Critical Evaluation

February 12, 2021 Rahul Kumar 1 Comment

After an eight-year-long legally and politically controversial voyage in the Enrica Lexie incident (The Italian Republic v. The Republic Of…

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Posted in: Arbitration, Law of the Sea

Repatriation of Artworks throughout Investment Arbitrations

February 8, 2021 Danilo Ruggero Di Bella

Repatriation of art looted during armed conflicts or foreign occupations is still a major concern for many countries, who have…

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Posted in: Arbitration, International Investment Law

Do the London Rules of Arbitration Allow for the Exclusion of Party-appointed Experts?

December 23, 2020 Varun Kasthuri

Party-appointed experts occupy a position of growing importance in international arbitration. This is particularly evident in disputes involving a highly…

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Posted in: Arbitration, International Investment Law

Blockchain Arbitration – The Future of Dispute Resolution Mechanisms?

December 16, 2020 Darshan Bhora and Aisiri Raj

In an era where technology is at the forefront of development, smart contracts and blockchain are not new concepts. While…

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Posted in: Arbitration, Intellectual Property Law

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The CILJ is a double-blind peer-reviewed journal with a broad focus on international and EU law. It is run by the postgraduate community of the Cambridge Faculty of Law.

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